Opinion
2020-01468 Ind. 1084/18
01-12-2022
The People of the State of New York, respondent, v. Welinton Fernandez, appellant.
Goldberger & Dubin, P.C., New York, NY (Edgar L. Fankbonner of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Rebecca Nealon of counsel), for respondent.
Goldberger & Dubin, P.C., New York, NY (Edgar L. Fankbonner of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Rebecca Nealon of counsel), for respondent.
CHERYL E. CHAMBERS, J.P. SHERI S. ROMAN LARA J. GENOVESI DEBORAH A. DOWLING, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Stephanie Zaro, J.), rendered January 21, 2020, convicting him of criminal sexual act in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted of criminal sexual act in the first degree and sexual abuse in the first degree based on the complainant's testimony, the testimony of two individuals to whom the complainant promptly reported the incident, and DNA evidence.
Contrary to the defendant's contention, he was provided with meaningful representation at trial (see People v Benevento, 91 N.Y.2d 708, 713; People v Baldi, 54 N.Y.2d 137). The defendant failed to demonstrate the absence of a strategic or other legitimate explanation for defense counsel's choice of defense theories (see People v Ross, 209 A.D.2d 730).
The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
CHAMBERS, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.